K3 visas are appropriate for spouses of US citizens residing outside
of the US. Congress created the K3 visa to reduce the long wait
that the US citizen and her spouse experienced, while waiting for
an immigrant visa. The K3 visa allows one to enter the US in nonimmigrant
status to eventually adjust status to lawful permanent residency
while in the United States. USCIS will grant the applicant with
a two-year admission period when the K3 visa holder enters the United
States. Foreign national spouses present in the United States can
travel outside of the United States and return using their K3 visa.
While in K3 status, if one has filed for adjustment of status in
the US prior to departure from the US, USCIS will not presume that
the departure constitutes abandonment of an adjustment application.
ELIGIBILITY REQUIREMENTS FOR THE K3 VISA:
1. Be the spouse of a U.S. citizen.
2. An immediate relative petition, that is pending, must have been
filed in the United States.
3. A K3 petition must be completed and submitted by the US citizen
and submitted to USCIS.
K3 VISA PETITIONS:
To obtain K3 status for your foreign national spouse an immediate
relative petition is filed by the U.S. citizen with USCIS. After
the applicant receives a receipt of the initial petition, (s)he
may file a K3 petition with USCIS on behalf of the foreign national.
Once USCIS approves the petition, the application is sent to the
National Visa Center to perform security checks. The National Visa
Center will forward the petition to the US embassy. If your marriage
occurred abroad, a K3 visa must be issued in the country where the
marriage took place.
WHAT HAPPENS AFTER THE K3 VISA PETITION IS APPROVED?
The consulate will send a letter to your spouse requesting a list
of documents necessary to obtain the K3 visa. The consulate will
also commence security clearance processing. The security clearance
will partly determine whether or not the beneficiary is inadmissible
to enter the United States on a K3 visa. The consular officer may
deny the K3 visa if the officer determines that the beneficiary
is inadmissible. Alternatively, the officer may deem that a waiver
of inadmissibility is necessary. In this situation, the USCIS must
approve an I-601 waiver, before the consular officer will issue
a K3 visa.
Once all processing is completed, and the applicant has all necessary
documents, a consular officer will interview your spouse to determine
if she is eligible for the K3 visa. The officer will review all
of the documents and question the K3 visa applicant to determine
if the marriage is bona fide, ensure the applicant is not inadmissible
and will not become a public charge. If the consular officer finds
that your spouse is eligible she will issue a K3 visa. The K3 visa
applicant may adjust status to lawful permanent residency or obtain
an immigrant visa at the consular post in the country of where the
marriage took place. The K3 visa admits an applicant to the United
States for two years.
Phoenix based Arizona Immigration
Law Firm providing Immigration services in Phoenix, Arizona
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